Q: I own condominium and I need the HOA to fill out the HOA cert questionnaire but the refused, what can i do? Thank you.
Thank you for the response; I am in the process of getting a loan out of the property I own. I emailed the BOD the lender's full review HOA cert which is a questionnaire required by the lender to be filled out by the HOA. I have another property there and last year the previous BOD filled out the same questionnaire without any problems; however, the current BOD just emailed me back stating they were directed by the attorney not to fill out the form. So I was trying to see what are my rights as an owner and whether they can legally provide basic information about the HOA. Thank you, JC
A: It is unclear what you mean by "HOA cert questionnaire" or the reason for the request. You should re-post your question with more facts. If you mean you sent the association a written inquiry by certified letter, return receipt, then your option is to litigate the matter starting with arbitration through the Department of Business and Professional Regulation. The statute regarding written inquiries provides "The failure to provide a substantive response to the inquiry as provided herein precludes the board from recovering attorney fees and costs in any subsequent litigation, administrative proceeding, or arbitration arising out of the inquiry."
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